The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1887-08-25

For number OF years there mas
been a growing feeling among the
farmers Of this vicinity that their
rights Of property were being grossly
abused by the averaged hunter, and
this feeling first found expression in
an able article from the pen of IL. J.
s." in one Of our papers year ago.
During the same season notices
were published by the Boards of SUI
pervisors Of one or two towns, warm
ing hunters against violations of the
law. It would seem that depredations
have rather increased, as this year we
find in current editions Of our papers,
notices from half dozen or more
towns, which. though they may not
all be strictly in accordance with the
letter Of the law, are certainly of
great significance in showing how
thoroughly the spirit of the farming
community is aroused In the attempt
at self protection. Where there Is SO
much smoke there must be some fire,
and we find the embers famed by
such outrages as shooting Of cattle.
the trampling down of grain.felds,
nhe overthrowing of shocks (for the
average hunter will never turn out
for one,) the injury to stacks for the
average hunter, not content with let.
ting his horses feed on the farmers
grain, will allow them to pull out and
trample under foot ten times what
they eat, 1.-THE driving through and
over corn.felds and potato fields. and
even gardens; the reckless shooting
around and even at buildings; all of
which the writer has seen and suffer-
ed. And to this the abuse which the
poor farmer often receives upon
demonstrating with trespassers, and
it is no wonder that he concludes that
the average hunter believes the far.
mer has no rights which the average
hunter is bound to respect.
While the last legislature was
enacting laws for the protection of
the farmers property in grain, it also
enacted law for the protection of
the farmers property in real estate
from trespass and for the protection
of the peoples property in game. In
addition to the right which every
man has of prosecuting trespasser
on his property, our statute specified
the penalty for him who enters upon
enclosed fields or standing grain
against the owners desire. An act
known az the game law, enacted by
the last legislature. after providing
for the time wherein and the means
by which game should be pursued or
or killed, specifies in section S as
follows:
"Sec. S. No person shall at any
time enter into any growing or stand
ing grain or any enclosed land not his |
own, with sporting implements about
his person; nor permit his dog or
dogs to enter any growing or stand
ing glain or into such enclosed land.
without the permission of the owner
or occupant thereof; and no person
shall at any time hunt or shoot upon
any lands of another which are uncul-
tivated or unenclosed after being no.
titled not to hunt or shooot thereon;
and any person who shall enter into |
such growing or standing grain or
into such enclosed land Of another |
with gun, dogs, or sporting nipple.
ments upon his person, without the |
permission of the owner or occupant |
of such grain or enclosed land, with |
intent to kill hunt or pursue any ami
NAL or game bird, and any person |
who shall without the right to do so,
hunt or shoot upon any uncultivated
or unenclosed land Of another after |
being notified not to hunt or shoot |
the1 con. shall forfeit the sum Of not !
less than twenty dollars (S20.) nor
moro than fifty ($50.) for each and
every offence, to be recovered by &C.
ton before any justice of the peace
of the county where the offence is |
committed or of the county wherein
the defendant may reside, to be
brought By and in the name of the
owner or occupant of such land; but
nothing in this section contained
shall be so construed as to limit or in
any way affect the remedy of the
owner of any such grain or enclosed
land or unenclosed land, or of the
person injured, at common law for
trespass."
It will be noticed that this section
leaves the whole matter entirely in
the hands of the farmers, and they
can avail themselves of its provisions
any protect their property, or they
can neglect its provisions and continue
to be subject to the same annoyances
as heretofore. It provides in short
that no one with dog and gun can en-
ter upon the standing grain or enclos-
ed land of another without permission
of the owner or occupant; that no
one with dog or gun can hunt or
shoot upon the uncultivated or unen.
closed land Of another after being no.
titled to keep out; and for violation
OF this act the owner or occupant can
bring an action before any justice of
the peace of the county where the Of
fence was comm tilted or the defend.
ant resides; and the fine to be recov-
cred by the prosecuting each offence.
Afte which there is still remedy for
injury to the person, or, at common
law, for trespass. In the case of
standing grain or enclosed land no
notice is necessary. Permission for
entering such must be FIRST obtained
or the trespasser is liabler In the case
Of uncultivated or unenclosed lands
prior notice is necessary to render
the trespasser liable.
Now, what is notice! The law
curo1v dOno not ounnoco or inland fhat